SADDAM VERDICT AND APPELLATE TIMEFRAME

S E C R E T SECTION 01 OF 02 BAGHDAD 004184 SIPDIS SIPDIS E.O. 12958: DECL: 11/07/2016 TAGS: PGOV PHUM KJUS KCRM KDEM IZ SUBJECT: SADDAM VERDICT AND APPELLATE TIMEFRAME Classified By: Deputy Chief of Mission Daniel V. Speckhard for reasons 1.4 (b) and (d). ¶1. (SBU) SUMMARY: Saddam Hussein was found guilty of crimes against humanity and sentenced to death in the Iraqi High Tribunal ("IHT"). Of the remaining seven defendants, 2 others received death sentences, one received a sentence of life imprisonment, three received sentences of 15 years imprisonment, and one was acquitted. The appellate process began immediately, and is expected to last at least through January 2007. SADDAM HUSSEIN, BARZAN AL-TIKRITI AND AWAD AL BANDAR SENTENCED TO DEATH IN THE AD-DUJAYL TRIAL -------------- -------------- ¶2. (U) On November 5, 2006, Trial Chamber One of IHT found Saddam Hussein guilty of five counts of crimes against humanity for the following acts: murder, unlawful imprisonment, forcible transfer, torture, and "other inhumane acts." Hussein was acquitted of the charge of enforced disappearance. Consistent with Iraqi law, he was sentenced to death by hanging for the sub-act of murder, two terms of 10 years imprisonment for unlawful imprisonment and forcible transfer, and two terms of 7 years imprisonment for torture and "other inhumane acts." Under Iraqi law, only the most serious sentence is carried out. ¶3. (U) Saddam's co-defendants were sentenced as follows: former Iraqi Intelligence Chief Barzan al-Tikriti was convicted - and received the same sentences as - the same charges as Saddam Hussein, and he, too, was sentenced to death by hanging. Former Revolution Court Chief Awad al-Bandar was convicted of the single count of crime against humanity for murder and was sentenced to death by hanging. FOUR SENTENCED TO PRISON TERMS; ONE ACQUITTED -------------- ¶4. (U) Former Vice President Taha Yaseen Ramadan was convicted of crimes against humanity for murder, unlawful imprisonment, forcible transfer, torture, and "other inhumane acts." Ramadan was acquitted of the charge of enforced disappearance. Ramadan was sentenced to life imprisonment for the murder charge, two terms of 10 years imprisonment for unlawful imprisonment and forcible transfer, and two terms of 7 years imprisonment for torture and "other inhumane acts." acquitted of the charge of enforced disappearance. ¶5. (U) Defendants Ali Diyah Ali, Mizher Roweed, and Abdullah Roweed, who were three local Ba'ath party officials at the time of the Dujayl events, were also found guilty of crimes against humanity and sentenced as follows: 15 years imprisonment for murder, two terms of 10 years imprisonment for unlawful imprisonment and forcible transfer, and two terms of 7 years imprisonment for torture and "other inhumane acts." All were acquitted of the charge of enforced disappearance. ¶6. (SBU) Defendant Mohammed Azzawi was found not guilty of all charges. The circumstances for his release are currently being worked out. ¶7. (U) All of the judgments and sentences handed down by the court were unanimous (5-0). The full written judgment, which is not yet completed as the chamber incorporates events from November 5 into the final version that is sent to the appellate chamber, is expected to be completed by the end of this week. Once the written judgment is completed, the IHT is expected to make it available to the public. LAST MINUTE NEGOTIATIONS OVER SENTENCES -------------- ¶8. (S) Although the trial chamber advised RCLO that it concluded deliberations on November 4, on the morning of November 5, Trial Chamber One re-commenced deliberations. This delayed the start of the proceedings from 1000 to approximately 1120 Baghdad time. RCLO later learned from one of the judges that there was no dispute over the verdicts and sentences for Saddam Hussein, Barzan al-Tikriti, or Awad al-Bandar. The dispute focused on sentences for Taha Yaseen Ramadan and the local defendants. The final judgment was a compromise reached shortly before the chamber took the bench. ¶9. (SBU) The verdicts were read in ascending order of severity, with the defendants brought in one at a time and standing alone in the dock to hear the court's reading of the verdict as it related to the charges against them particularly. Starting with the acquittal of Mohammed Azzawi, the court concluded with defendant Barzan al-Tikriti, BAGHDAD 00004184 002 OF 002 out of concern that Barzan would react violently. Saddam Hussein, Barzan al-Tikriti, and Awad al-Bandar reacted noisily to their sentences, repeatedly shouting "Allahu Akbar" in an effort to shout down the judges. Defendant Taha Yaseen Ramadan quietly impeached the verdicts as "pre-ordained" but was otherwise well-behaved. The three local Dujayli defendants were relatively calm, and defendant Azzawi calmly thanked the court. The entire session lasted a little less than one hour and court adjourned. ¶10. (S) Privately retained defense counsel for Saddam Hussein were present, but Ramsey Clark was removed shortly after the proceedings began when Judge Ra'ouf was offended by statements made by Clark in his legal briefs. ¶11. (S) The conduct of the visitors in the gallery -- which included a number of officials from the Iraqi government -- was generally restrained. Two Dujayli victims reacted noisily to the sentences at one point in the proceedings, but after they were taken out of the room and warned by staff from the Regime Crimes Liaison's Office (RCLO) that such conduct would result in ejection from the courthouse, the two individuals remained quiet. APPELLATE PROCESS COMMENCES IMMEDIATELY -------------- ¶12. (U) Under Iraqi law, the appellate process commenced immediately after the verdicts and sentences were handed down. Ten days after verdict and sentence (November 15, 2006),the Dujayl file will be sent to the Appellate Chamber, which immediately transfers the file to the Prosecution Chamber for analysis and briefing. 20 days after the Prosecution Chamber receives the file, it must remit the file back to the Appellate Chamber for deliberation. During this 20-day period, defense briefing should be submitted as well. ¶13. (U) After the Appellate Chamber receives the file back from the Prosecution Chamber (December 5, 2006) it begins its deliberations. While the Appellate Chamber has the authority to call witnesses and seek further clarifications through oral argument, such measures are rare. Thus, RCLO believes the Dujayl appellate decision will be based solely on the papers. Once deliberations are completed, the Appellate Chamber will issue a written opinion. ¶14. (S) While the Appellate Chamber may take as long as it chooses to issue its decision, RCLO has been advised by members of the IHT that the deliberations will likely last between 30 to 90 days (January - March 2007). Once the affirmation is formally entered, the Iraqi government has 30 days within which to execute sentence. EXECUTION PROCEDURE UNDER IRAQI LAW -------------- ¶15. (U) If the Dujayl verdicts and sentences are upheld, the IHT will send the file to the Minister of Justice, who would prepare an execution order for approval by the Prime Minister. After approval, the Prime Minister would submit the execution order to the three-member Presidency Council, which must endorse the order unanimously. Once this process is complete, the execution occurs by hanging in a private location (yet to be determined) by the Ministry of Justice, though witnesses will be present. MNF-I will not participate in the execution. The family of the executed has the right to take possession of the body. ¶16. (S) Taking the above steps into account, RCLO believes that it is possible that the execution of sentence will occur between January and April 2007. IMPACT ON OTHER TRIALS -------------- ¶17. (SBU) While Saddam Hussein faces charges in at least 12 other matters under investigation by the IHT and is currently on trial for the Anfal (Kurdish genocide) case, RCLO does not believe the court would delay execution of sentence to permit his trial in the other matters. Moreover, under Iraqi law the death of a defendant terminates all pending charges against him. With respect to the Anfal trial, RCLO believes that the trial -- with verdict and sentence -- could be completed as early as January 2007, though it is more likely to continue to February or March 2007. Thus, it is possible that Saddam Hussein could be executed before the conclusion of the Anfal trial. If that occurs, the trial would continue with the remaining defendants. KHALILZAD